Superior Ct

Ky.: 43 Am. Rep. 34; Longueville v. Western Assur. Co., 51 Iowa, 553 (1879). • Haws V. Fire Association of Philadelphia, 114 Pa. 434 (1886). ' Lyons v. Providence Washington Fire Ins. Co., 14 E. 1. 109 (1883), reversmg Same v. Same, 13 id. 347.

The bankrupt act of 1841, by the phrase " contemplation of bankruptcy," did not intend contemplation solely of being a bankrupt, but contemplation of actu-, ally stopping business because of insolvency and incapacity to carry it on.i The debtor must have contemplated more than a state of insolvency,— an act of bankruptcy, or an application to be declared a bankrupt.' In the act of 1867, the phraseology is " in contemplation of insolvency or bankruptcy." This was held not to require an absolute inability to pay all debts in full on a close of business; only that the debtor could not pay his debts in the ordinary course of business.* See Bankruptcy ; Insolvency.